This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

57481 

Vol. 77, No. 181 

Tuesday, September 18, 2012 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2012–0984; Special 

Conditions No. 25–468–SC] 

Special Conditions: Embraer S.A., 

Models EMB–135 and EMB–145 Series; 

Airplane Seats with Non-Traditional, 

Large, Non-Metallic Panels 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Embraer S.A. Models 

EMB–135 and EMB–145 series 

airplanes. These airplanes will have a 

novel or unusual design feature 

associated with the airplane seats that 

have non-traditional, large, non-metallic 

panels that would affect survivability 

during a post-crash fire event. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for this design feature. 

These special conditions contain the 

additional safety standards that the 

Administrator considers necessary to 

establish a level of safety equivalent to 

that established by the existing 

airworthiness standards. 

DATES: The effective date of these 

special conditions is September 11, 

2012. We must receive your comments 

by November 2, 2012. 

ADDRESSES: Send comments identified 

by docket number [FAA–2012–0984] 

using any of the following methods: 

• Federal eRegulations Portal: Go to 

http://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, 

DC, 20590–0001. 

Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 8 

a.m. and 5 p.m., Monday through 

Friday, except federal holidays. 

Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov/, 

including any personal information the 

commenter provides. Using the search 

function of the docket web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot. 

gov/. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov/ at any time. 

Follow the online instructions for 

accessing the docket or go to the Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Jayson Claar, FAA, Airframe and Cabin 

Safety Branch, ANM–115, Transport 

Airplane Directorate, Aircraft 

Certification Service, 1601 Lind Avenue 

SW., Renton, Washington 98057–3356; 

telephone 425–227–2194; facsimile 

425–227–1232. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice of, and 

opportunity for prior public comment 

on, these special conditions are 

impracticable because these procedures 

would significantly delay issuance of 

the design approval and thus delivery of 

the affected aircraft. In addition, the 

substance of these special conditions 

has been subject to the public comment 

process in several prior instances with 

no substantive comments received. The 

FAA therefore finds that good cause 

exists for making these special 

conditions effective upon issuance. 

We anticipate that seats with nontraditional, large, non-metallic panels 

will be installed in other makes and 

models of airplanes. We have made the 

determination to require special 

conditions for all applications 

requesting the installation of seats with 

non-traditional, large, non-metallic 

panels until the airworthiness 

requirements can be revised to address 

this issue. Having the same standards 

across the range of airplane makes and 

models will ensure consistent ruling for 

the aviation industry. 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. 

We will consider all comments we 

receive by the closing date for 

comments. We may change these special 

conditions based on the comments we 

receive. 

Background 

On April 17, 2012, Embraer S.A. 

applied for a change to Type Certificate 

No. T00011AT to offer a new passenger 

seat type that, according to the 

applicant, is lightweight, comfortable, 

and slim in profile, maximizing 

passenger space in the Models EMB–135 

and EMB–145 series airplanes. The 

Embraer S.A. Models EMB–135 and 

EMB–145 series airplanes are 

pressurized, low-wing, ‘‘T’’ tail, 

transport category airplanes with 

tricycle landing gear. They are powered 

by two Rolls Royce model AE3007A 

series engines, and carry a maximum of 

50 passengers. 

The applicable regulations, Title 14, 

Code of Federal Regulations (14 CFR) 

part 25, do not require seats to meet the 

more stringent flammability standards 

required of large, non-metallic panels in 

the cabin interior. At the time the 

applicable rules were written, seats 

were designed with a metal frame 

covered by fabric, not with large, nonmetallic panels. Seats also met the thenrecently adopted standards for 

flammability of seat cushions. With the 

seat design being mostly fabric and 

metal, the contribution to a fire in the 

cabin had been minimized and was not 

considered a threat. For these reasons, 

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57482 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Rules and Regulations 

seats did not need to be tested to heatrelease and smoke-emission 

requirements. 

Seat designs have now evolved to 

occasionally include non-traditional, 

large, non-metallic panels. Taken in 

total, the surface area of these panels is 

on the same order as the sidewall and 

overhead stowage bin interior panels. 

To provide the level of passenger 

protection intended by the 

airworthiness standards, these nontraditional, large, non-metallic panels in 

the cabin must meet the standards of 

part 25, Appendix F, parts IV and V, 

heat-release and smoke-emission 

requirements. 

Type Certification Basis 

Under the provisions of 14 CFR 

21.101, Embraer S.A. must show that 

the Model EMB–135 and EMB145 series 

airplanes, as changed, continue to meet 

the applicable provisions of the 

regulations incorporated by reference in 

Type Certificate No. T00011AT or the 

applicable regulations in effect on the 

date of application for the change. The 

regulations incorporated by reference in 

the type certificate are commonly 

referred to as the ‘‘original type 

certification basis.’’ Refer to Type 

Certificate No. T00011AT for the 

certification basis. 

Only airplanes associated with new 

seat certification programs approved 

after the effective date of these special 

conditions will be affected by the 

requirements in these special 

conditions. Previously certificated 

interiors on the existing airplane fleet 

and follow-on deliveries of airplanes 

with previously certificated interiors are 

not affected. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., 14 CFR part 25) do not contain 

adequate or appropriate safety standards 

for the Embraer S.A. Models EMB–135 

and EMB–145 series airplanes because 

of a novel or unusual design feature, 

special conditions are prescribed under 

the provisions of § 21.16. 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same novel or unusual 

design feature, or should any other 

model already included on the same 

type certificate be modified to 

incorporate the same novel or unusual 

design feature, the special conditions 

would also apply to the other model 

under § 21.101. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the Embraer S.A. Models 

EMB–135 and EMB–145 series airplanes 

must comply with the fuel vent and 

exhaust emission requirements of 14 

CFR part 34 and the noise certification 

requirements of 14 CFR part 36. 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type-certification basis under 

§ 21.101. 

Novel or Unusual Design Features 

The Embraer S.A. Models EMB–135 

and EMB–145 series airplanes will 

incorporate the following novel or 

unusual design feature: These models 

offer interior arrangements that include 

passenger seats that incorporate nontraditional, large, non-metallic panels in 

lieu of the traditional metal frame 

covered by fabric. The flammability 

properties of these panels have been 

shown to significantly affect the 

survivability of the cabin in the case of 

fire. These seats are considered a novel 

design for transport-category airplanes 

that include Amendment 25–61 and 

Amendment 25–98 in the certification 

basis, and were not considered when 

those airworthiness standards were 

established. 

The existing regulations do not 

provide adequate or appropriate safety 

standards for seat designs that 

incorporate non-traditional, large, nonmetallic panels in their designs. To 

provide a level of safety that is 

equivalent to that afforded to the 

balance of the cabin, additional 

airworthiness standards, in the form of 

special conditions, are necessary. These 

special conditions supplement § 25.853. 

The requirements contained in these 

special conditions consist of applying 

the identical test conditions, required of 

all other large panels in the cabin, to 

seats with non-traditional, large, nonmetallic panels. 

A non-traditional, large, non-metallic 

panel, in this case, is defined as a panel 

with exposed surface areas greater than 

1.5 square feet installed per seat place. 

The panel may consist of either a single 

component or multiple components in a 

concentrated area. Examples of parts of 

the seat where these non-traditional 

panels are installed include, but are not 

limited to: seat backs, bottoms and leg/ 

foot rests, kick panels, back shells, 

credenzas, and associated furniture. 

Examples of traditional exempted parts 

of the seat include: Arm caps, armrest 

close-outs such as end bays and armreststyled center consoles, food trays, video 

monitors, and shrouds. 

Clarification of ‘‘Exposed’’ 

‘‘Exposed’’ is considered to include 

panels that are directly exposed to the 

passenger cabin in the traditional sense, 

and panels that are enveloped, such as 

by a dress cover. Traditional fabrics or 

leathers currently used on seats are 

excluded from these special conditions. 

These materials must still comply with 

§§ 25.853(a) and 25.853(c) if used as a 

covering for a seat cushion, or 

§ 25.853(a) if installed elsewhere on the 

seat. Non-traditional, large, non-metallic 

panels covered with traditional fabrics 

or leathers will be tested without their 

coverings or covering attachments. 

Discussion 

In the early 1980s, the FAA 

extensively researched the effects of 

post-crash flammability in the passenger 

cabin. As a result of this research and 

service experience, the FAA adopted 

new rules for interior surfaces 

associated with large surface area parts. 

Specifically, the rules require 

measurement of heat release and smoke 

emission (part 25, Appendix F, parts IV 

and V) for the affected parts. Heat 

release has been shown to have a direct 

correlation with post-crash fire survival 

time. The materials that comply with 

the standards (i.e., § 25.853 titled 

‘‘Compartment interiors’’ as amended by 

Amendments 25–61 and 25–66) extend 

survival time by approximately two 

minutes over materials that do not 

comply. 

When Amendment 25–61 was 

written, the potential application of the 

requirement to seats was explored. The 

seat frame itself was not a concern 

because it was made primarily of 

aluminum, and there were only small 

amounts of non-metallic materials (e.g., 

a food tray table and armrest closeout, 

approximate total surface area of 1.5 

square feet). The overall effect on 

survivability was negligible if these 

panels met the heat release and smoke 

requirements. Therefore the 

requirements did not address seats, and 

the preambles to both Notice of 

Proposed Rule Making (NPRM) 85–10 

and the final rule (Amendment 25–61) 

specifically note that they were 

excluded because the recently-adopted 

standards for flammability of seat 

cushions will greatly inhibit 

involvement of the seats. 

In the late 1990s, when seat designs 

were evolving to include large nonmetallic panels with surface areas that 

would impact survivability during a 

cabin fire event comparable to partitions 

or galleys, the FAA issued Policy 

Memorandum 97–112–39, ‘‘Guidance 

for Flammability Testing of Seat/ 

Console Installations,’’ dated October 

17, 1997. The memo noted that large 

surface area panels must comply with 

heat release and smoke emission 

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Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Rules and Regulations 57483 

requirements, even if they were attached 

to a seat. If the FAA had not issued such 

policy, seat designs could have been 

viewed as a loophole to the 

airworthiness standards that would 

result in an unacceptable decrease in 

survivability during a cabin fire event. 

The following paragraphs are the 

pertinent regulatory information 

involving § 25.853. 

NPRM 85–10 (50 FR 15038, April 16, 

1985): ‘‘Seats would not be tested [to 

heat release and smoke emission] 

because the recently-adopted standards 

for flammability of seat cushions will 

greatly inhibit involvement of the 

seats.’’ 

Final Rule at Amendment 25–61 (51 

FR 26206, August 20, 1986): ‘‘The 

primary purpose of the new 

flammability standards [heat release and 

smoke emission] is to ensure that 

interior materials with large outer 

surface areas will not become involved 

rapidly and contribute to a fire when 

exposed to flames.’’ 

Final Rule at Amendment 25–66 (53 

FR 32584, September 26, 1988): ‘‘Two 

commentors suggest editorial changes 

for clarity. One believes that a new 

[section] should be added to state that, 

‘smaller items, such as windows, 

window shades, or curtains, as well as 

floor coverings, floor structure, seats, 

and service items, are not included and 

do not have to meet the requirements in 

(a–1) [heat release and smoke emission]. 

All of such materials have to meet the 

flammability requirements prescribed in 

paragraph (a) [Bunsen burner] of this 

part.’ As discussed in the preamble to 

Notice 85–10, these would be correct 

statements. It does not appear, however, 

that clarity would be enhanced by their 

addition. These items are clearly not 

required to comply with the new 

standards [heat release and smoke 

emission] due to their absence in Sec. 

25.853(a–1).’’ 

14 CFR 25.853, Compartment 

interiors, at Amendment 25–72 (55 FR 

29774, July 20, 1990): 

(c) For airplanes with passenger 

capacities of 20 or more, interior ceiling 

and wall panels (other than lighting 

lenses), partitions, and the outer 

surfaces of galleys, large cabinets and 

stowage compartments (other than 

under seat stowage compartments and 

compartments for stowing small items, 

such as magazines and maps) must also 

meet the test requirements of parts IV 

[heat release] and V [smoke emission] of 

Appendix F of this part, or other 

approved equivalent method, in 

addition to the flammability 

requirements prescribed in paragraph 

(a) [Bunsen burner] of this section. 

Final Rule at Amendment 25–83 

(March 6, 1995): 

‘‘The distinction between parts with 

large surface areas, which must meet the 

new standards [heat release and smoke 

emission], and those with smaller 

surface areas is very difficult * * * It is 

not possible to cite a specific size that 

will apply in all installations; however, 

as a general rule, components with 

exposed-surface areas of one square foot 

or less may be considered small enough 

that they do not have to meet the new 

standards. Components with exposedsurface areas greater than two square 

feet may be considered large enough 

that they do have to meet the new 

standards. Those with exposed-surface 

areas greater than one square foot, but 

less than two square feet, must be 

considered in conjunction with the 

areas of the cabin in which they are 

installed before a determination could 

be made.’’ 

The intent of the heat release and 

smoke emission standards is to include 

minimum panel sizes on the order of 

one to two square feet. This panel size 

sets the acceptable level of safety in the 

cabin. Traditional seat designs have 

approximately 1.5 square feet of 

nonmetallic panel material per seat 

place (a food tray table and armrest 

closeout) and previously have been 

excluded from the heat release and 

smoke standards. For example, for a 

traditional economy class triple place 

seat assembly, the exclusion is 4.5 

square feet. The intent of the Special 

Conditions is to maintain this accepted 

level of safety and be consistent with 

the average minimum panel size in the 

balance of the cabin interior. Therefore, 

we are allowing up to 1.5 square feet of 

nonmetallic panel material per seat 

place to be excluded from the heat 

release and smoke emission standards. 

However, this exclusion from heat 

release and smoke emission does not 

provide the material additional relief 

from the other standards such as 14 CFR 

part 25 Appendix F, parts I and II. There 

are no changes to how those standards 

are applied. 

The FAA recognizes that different 

manufacturing techniques have 

associated cost differences and therefore 

are allowing the applicant to designate 

which nonmetallic panels comprise the 

1.5 square foot exclusion. This 

determination will allow for flexibility 

in design and a manufacturing cost 

savings. 

Applicability 

As discussed above, these special 

conditions are applicable to the Embraer 

S.A. Models EMB–135 and EMB–145 

series airplanes. Should Embraer S.A. 

apply at a later date for a change to the 

type certificate to include another 

model on the same type certificate 

incorporating the same novel or unusual 

design feature, the special conditions 

would apply to that model as well. 

Under standard practice, the effective 

date of final special conditions would 

be 30 days after the date of publication 

in the Federal Register; however, as the 

certification date for the Embraer S.A. 

Models EMB–135 and EMB–145 series 

airplanes is imminent, the FAA finds 

that good cause exists to make these 

special conditions effective upon 

issuance. 

Conclusion 

This action affects only certain novel 

or unusual design features on the 

Embraer S.A. Models EMB–135 and 

EMB–145 series of airplanes. It is not a 

rule of general applicability. 

List of Subjects in 14 CFR Part 25 

Aircraft, Aviation safety, Reporting 

and recordkeeping requirements. 

The authority citation for these 

special conditions is as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702, 44704. 

The Special Conditions 

Accordingly, pursuant to the 

authority delegated to me by the 

Administrator, the following special 

conditions are issued as part of the type 

certification basis for Embraer S.A. 

Models EMB–135 and EMB–145 series 

airplanes. 

1. Compliance with 14 CFR part 25 

Appendix F, parts IV and V, heat release 

and smoke emission, is required for 

seats that incorporate non-traditional, 

large, nonmetallic panels that may 

either be a single component or multiple 

components in a concentrated area in 

their design. 

2. The applicant may designate up to 

and including 1.5 square feet of nontraditional, nonmetallic panel material 

per seat place that does not have to 

comply with No. 1. A triple seat 

assembly may have a total of 4.5 square 

feet excluded on any portion of the 

assembly (e.g., outboard seat place 1 sq. 

ft., middle 1 sq. ft., and inboard 2.5 sq. 

ft.) 

3. Seats need not meet the test 

requirements of 14 CFR part 25 

Appendix F, parts IV and V when 

installed in compartments that are not 

otherwise required to meet these 

requirements. Examples include: 

a. Airplanes with passenger capacities 

of 19 or less, 

b. Airplanes that do not have smoke 

and heat release in their certification 

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57484 Federal Register / Vol. 77, No. 181 / Tuesday, September 18, 2012 / Rules and Regulations 

basis and do not need to comply with 

the requirements per 14 CFR 121.312, 

c. Airplanes exempted from smoke 

and heat release requirements. 

Definition of ‘‘non-traditional, large, 

nonmetallic panel’’—A non-traditional, 

large, nonmetallic panel, in this case, is 

defined as a panel with exposed surface 

areas greater than 1.5 square feet 

installed per seat place. The panel may 

consist of either a single component or 

multiple components in a concentrated 

area. Examples of parts of the seat where 

these non-traditional areas are installed 

include, but are not limited to, seat 

backs, bottoms and leg/foot rests, kick 

panels, back shells, credenzas, and 

associated furniture. Examples of 

traditional exempted areas are: arm 

caps, armrest close-outs such as end 

bays and armrest-styled center consoles, 

food trays, video monitors and shrouds. 

Clarification of ‘‘exposed’’—Exposed 

is considered to include panels that are 

directly exposed to the passenger cabin 

in the traditional sense, plus those 

panels enveloped, such as by a dress 

cover. Traditional fabrics or leathers 

currently used on seats are excluded 

from these special conditions. These 

materials must still comply with 

§§ 25.853(a) and 25.853(c) if used as a 

covering for a seat cushion, or 

§ 25.853(a) if installed elsewhere on the 

seat. Non-traditional large, nonmetallic 

panels covered with traditional fabrics 

or leathers will be tested without their 

coverings or covering attachments. 

Issued in Renton, Washington, on 

September 11, 2012. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–22831 Filed 9–17–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0671; Directorate 

Identifier 2011–NM–096–AD; Amendment 

39–17197; AD 2012–19–02] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

all Airbus Model A330–243, -341, -342 

and -343 airplanes. That AD currently 

requires modifying certain cowl 

assemblies of the left- and right-hand 

thrust reversers. This new AD requires 

removing certain C-duct assemblies of 

the left- and right-hand thrust reversers 

from service at certain designated life 

limits, and also adds airplanes to the 

applicability. This AD was prompted by 

new life limits on certain thrust reverser 

C-duct assemblies. We are issuing this 

AD to prevent fatigue cracking of the 

hinges integrated into the 12 o’clock 

beam of the thrust reversers, which 

could result in separation of a thrust 

reverser from the airplane, and 

consequent reduced controllability of 

the airplane. 

DATES: This AD becomes effective 

October 23, 2012. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone (425) 227–1138; 

fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on June 25, 2012 (77 FR 37829), 

and proposed to supersede AD 2005– 

25–21, Amendment 39–14414 (70 FR 

73919, December 14, 2005). That NPRM 

proposed to correct an unsafe condition 

for the specified products. The MCAI 

states: 

The life limits of the thrust reversers CDucts are not addressed by the definition of 

the structural life limits of Safe Life items as 

defined in the A330 Airworthiness 

Limitations Section—ALS Part 1. As a result, 

these life limits are covered by an 

Airworthiness Directive (AD). 

These life limits are due to unexpected 

high fatigue loads (measured during 

certification tests) on the hinges integrated 

into the 12 o’clock beam, which forms the 

upper extreme edge of the thrust reverser CDuct of Rolls Royce Trent 700 engines. 

The aim of the [Direction Ge ́ne ́rale de 

l’Aviation Civile] (DGAC) France AD F– 

2001–528 was to mandate the life limits, 

depending of the modifications applied to 

the C-Duct. 

Revision 1 of the DGAC France AD F– 

2001–528 deferred the accomplishment 

threshold of the modification to be applied 

in-service from 6,000 flight cycles (FC) to 

6,500 FC. 

Revision 2 of DGAC France AD F–2001– 

528 [which corresponds to FAA AD 2005– 

25–21, Amendment 39–14414 (70 FR 73919, 

December 14, 2005)] was issued to update 

again the accomplishment threshold from 

6,500 FC to 7,200 FC. 

This [European Aviation Safety Agency 

(EASA)] AD retains the requirements of 

DGAC France AD F–2001–528 R2, which is 

superseded, and adds [certain] life limits. 

The action required in this AD is 

removing certain C-duct assemblies of 

the left- and right-hand thrust reversers 

from service at certain designated life 

limits. This AD also adds Model A330– 

243F airplanes to the applicability, and 

revises the applicability to include all 

airplanes of the affected models. The 

unsafe condition is fatigue cracking of 

the hinges integrated into the 12 o’clock 

beam of the thrust reversers, which 

could result in separation of a thrust 

reverser from the airplane, and 

consequent reduced controllability of 

the airplane. You may obtain further 

information by examining the MCAI in 

the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (77 

FR, 37829, June 25, 2012), or on the 

determination of the cost to the public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed, except for minor editorial 

changes. We have determined that these 

minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (77 FR 

37829, June 25, 2012) for correcting the 

unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (77 FR 37829, 

June 25, 2012). 

Costs of Compliance 

We estimate that this AD will affect 

about 17 products of U.S. registry. 

We estimate that it will take about 48 

work-hours per product to comply with 

the new basic requirements of this AD. 

The average labor rate is $85 per workhour. Based on these figures, we 

estimate the cost of this AD to the U.S. 

operators to be $69,360, or $4,080 per 

product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

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